Divino Group LLC v. Google LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DIVINO GROUP LLC, et al., Case No. 19-cv-04749-VKD

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS FOURTH AMENDED

v. COMPLAINT; DENYING AS MOOT

MOTION TO STRIKE; DENYING

GOOGLE LLC, et al., PLAINTIFFS’ MOTION FOR LEAVE

TO AMEND

Defendants. 12 Re: Dkt. Nos. 121, 126

13 Defendants Google LLC (“Google”) and YouTube LLC (“YouTube”) move pursuant to 14 Rule 12(b)(6) to dismiss plaintiffs’ sole remaining claim for breach of the implied covenant of 15 good faith and fair dealing. Dkt. No. 121. They also move pursuant to Rule 12(f) to strike certain 16 portions of plaintiffs’ fourth amended class action complaint. Id. Plaintiffs oppose those motions. 17 Dkt. No. 125. Plaintiffs also separately move for leave to amend their pleading to, among other 18 things, assert additional fact allegations. Dkt. No. 126. Upon consideration of the moving and 19 responding papers, as well as the oral arguments of counsel, the Court grants…